111. Knowledge Spectrum – Discipline Suspension -27
68. What is Deemed Suspension ?
Deemed suspension is a case when a Government Servant is considered to be under suspension without a conscious decision of any of the above mentioned authorities i.e. the rules create a legal fiction in which though no actual order is issued it is deemed to have been passed by operation of the legal fiction. Such a suspension is deemed to have arisen consequent to the happening of certain events. Nevertheless, an order is required to be passed by the competent authority. Such deemed suspension fall under two categories during the service period [Rule 10(2)] and ii. in respect of the period when the Government servant ceased to be in service [Rule 10(3) and 10(4)] Rule 10(2)
During the service period, a person is deemed to have been placed under suspension in the following cases: -
i) from the date of detention in custody (whether on criminal charge or otherwise) for a period exceeding 48 hours.
ii) from the date of conviction for an offence leading to imprisonment for a period exceeding 48 hours if he is not forthwith dismissed or removed or compulsorily retired consequent upon such conviction. (48 hours will be computed from the commencement of the imprisonment).
69. Whether the Government servant has to intimate his arrest/conviction?
Although the Police Authorities will send prompt intimation of arrest and/or release on bail etc., of a Government servant to the latter’s official superior as soon as possible after the arrest and/ or release indicating the circumstances of the arrest etc., but it is also the duty of the Government servant who may be arrested, or convicted, for any reason to intimate promptly the fact of his arrest/conviction and circumstances connected therewith to his official superior even though she/he might have been released on bail. Failure to do so will render him liable to disciplinary action on this ground alone. Rule 10(3)-order of dismissal, removal compulsory retirement set aside by on Appeal or Review
70. When the order of suspension will be deemed to continue in force?
When a Govt. servant already under suspension is dismissed, removed or compulsorily retired but such punishment is set aside on appeal or review and further enquiry is ordered, the order of suspension will be deemed to continue in force from the date of the order of the punishment. Such order shall remain in force until further orders. It may be noted that this rule gets invoked only if the Government servant was at the time of removal, dismissal or compulsory retirement was already under suspension and not if she/he was not under suspension at the time of compulsory retirement, removal or dismissal as the case may be.
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